Executor trying to keep my inheritance please help

[The Bach]

I am in Michigan. My mother died 8 years ago and my father 8 months ago. His estate is near the end of being settled. My sister is executor of estate. Over the last 4 decades my parents have given many family members money as gifts. Over the last 7 years my father has given me around ten thousand dollars. He did this because i have serious health problems. I am currently going through the disability process. This was a private matter between me and my father, it was a loving father helping a sick son.
There is no document in existence that says this was a loan, it was gift money. There is nothing in his will that says this was an advance on my inheritance. A month ago I asked for a complete accounting of his estate, which so far i have not received. I have asked 3 times for it. I recently found out from my dads estate attorney's secretary that my sister intends to "collect" this gift money by with holding it from my inheritance. She is not trying to "collect" money from anyone else my father has given money to over the years. My fathers estate attorney is of no help. He seems to think he is working for my sister instead of my dads estate. I have talked to numbers of attorneys on the phone and they said she cannot do this without documentation that it was a loan to be paid back.
I have found an attorney that said for a five hundred dollar retainer she can help me. Should I hire her? Can my sister take this money from me when it was a gift? Is she demonstrating a conflict of interest and hostility towards an heir? please help my family is poor and we also have a very sick 12 year old boy

 

[tranquility]

The first thing you must do is separate your story from the facts. Then, you need to make an official request for an accounting to see what the claim is. I suspect it is an executor thinking a gift in contemplation of death is something it is not or they have some basis to believe it was a loan. But, if you were named in the will or trust, you have a right to an accounting for how the executor/trustee is handling the facts. Once you get the facts, then you can begin to know if you have a claim or not. An attorney offering to help for $500 seems one who is willing to do a little research and write a letter. The cost seems a little high to me, but an attorney would certainly be appropriate if there is any real money on the table.

 

[The Bach]

I am in the will for 1/3. This attorney said she would secure a complete accounting and then go from there. I would have inherited around 30 to 40 thousand dollars but without accounting its hard to be sure. I would feel better with an attorney. Thanks for the quick reply. If anyone has any more to offer i would appreciate it. I know this, my mom and dad would be rolling over in there graves if they knew this was happening. My dad would not allow himself to be paid back. I have tried to pay back money, so has other family members who he gave money to. He always said he would rather get to see people enjoy it or use it before he died. He was a good man.

 

[Zigner]

I am in the will for 1/3. This attorney said she would secure a complete accounting and then go from there. I would have inherited around 30 to 40 thousand dollars but without accounting its hard to be sure. I would feel better with an attorney. Thanks for the quick reply. If anyone has any more to offer i would appreciate it. I know this, my mom and dad would be rolling over in there graves if they knew this was happening. My dad would not allow himself to be paid back. I have tried to pay back money, so has other family members who he gave money to. He always said he would rather get to see people enjoy it or use it before he died. He was a good man.

My dad "loans" me money sometimes and keeps meticulous records. He says "don't worry about paying me back, it'll come out of your inheritance."

Your statements above appear to show that you feel that the money was "loaned" to you and not "gifted"

 

[The Bach]

no records of any kind. nothing ever said about coming out of inheritance and nothing in will to say so

 

[Zigner]

no records of any kind. nothing ever said about coming out of inheritance and nothing in will to say so

Again, the fact that you said you have tried to pay back money indicates that it was a "loan" - or could reasonably be considered as such.


I am approaching this from the position that the Personal Representative (executor) seems to be taking...

 

[The Bach]

Actually, he usually always specifically said when he gave money to anyone that they did not have to pay it back, and he wanted to see people enjoy it or use it before he died. trying to pay it back does not make it a loan, it just means someone was trying to give money back to him

 

[The Bach]

maybe i should have said give it back, I don't think this is too relevant. there is no records saying it was a gift or a loan, so i don't know

 

[Zigner]

maybe i should have said give it back, I don't think this is too relevant. there is no records saying it was a gift or a loan, so i don't know

Just playing Devil's Advocate for ya

 

[The Bach]

ya, i just don't know how the law sees this. the attorneys I've talked to said no way she can do this without documents and signed agreements between me and my dad or my dad and anyone else specifically saying the money is owed back. I know my parents would not be happy with my sister for this, that i know for sure

 

[anteater]

This very simple. Without any evidence that it was a loan, your sister is wrong.

Remember what tranquility said about separating "your story" and the facts? This is part of your story:

My dad would not allow himself to be paid back. I have tried to pay back money, so has other family members who he gave money to. He always said he would rather get to see people enjoy it or use it before he died.

Edit it out of your story.

 

[The Bach]

I'm not sure what you mean anteater please explain. i am grateful for your help

 

[Zigner]

I'm not sure what you mean anteater please explain. i am grateful for your help

It means that, if you say you "tried to pay it back" it seems to show the understanding that it was a loan and not a gift.

 

[The Bach]

do you mean go to my first post and take that part out so members can advise me better? I'm sorry but i'm not well physically

 

[anteater]

do you mean go to my first post and take that part out so members can advise me better? I'm sorry but i'm not well physically

Sorry about that. I mean the story that you tell in any communications about the situation with anybody but your attorney. Your attorney can determine if that part of the story has any relevance or value.